Appeal decision of the administrative suit relating to trademark KINGMAX

The Vietnamese National Office of Intellectual Property was successful on the administrative appeal at the Ho Chi Minh city's People Court relating the invalidation of trademark registration for KINGMAX.

On January 16, 2009, the Appeal Court of the People Court at Ho Chi Minh city had conducted the appeal hearing of the administrative case in which Vien Son Company suited against the administrative decision No. 1352/QD-SHTT dated October 29. 2007 of the Vietnamese National Office of Intellectual Property (NOIP) invalidating the trademark registration No. 77256 for trademark “KINGMAX”. In deciding the case, the court accepted the appeal made by the Vietnamese NOIP, amended a part of the trial decision refusing the arguments made by Vien Son company and hold on the Decision No. 1352/QD-SHTT.

It should be noted that “KINGMAX” has been a trademark widely used in Vietnam for computer components manufactured by Kingmax Company (Taiwan). However, the same trademark is protected in Vietnam in the name of Vien Son Company, which is in fact the sole distributor of Kingmax Company, in accordance of the Trademark Registration No. 77256 dated November 24, 2006. Based on this trademark registration, Vien Son Company had requested other import of Kingmax computer components be ceased and applied penalty by the authority. At a request made by one of the other importing companies, the Vietnamese NOIP had invalidated trademark registration No. 77256 for the reason that the trademark owner did not fulfill the requirement under Article 14.2 (c) of Decree 63/CP of the Government (allowing any entity while legally trading can apply for protection of the trademark used for the products marketed by the same but manufactured by another entity provided that the later entity does not use the same trademark for the corresponding products and do not oppose to the said applying for trademark protection).

Not satisfied with the Decision No. 1352/QD-SHTT, Vien Son Company had suited the Vietnamese NOIP at the People Court at Ho Chi Minh City. At the trial, the court had accepted the arguments made by Vien Son Company and had repelled Decision No. 1352/QD-SHTT. At the appeal, requested by the Vietnamese NOIP, the trial decision was not uphold.